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The Stages of Development of Shia

Jurisprudence1

Sayyid Mahmud Hashemi et al.Translated by Amin Rastani

ABSTRACT: The science of jurisprudence dates back to theearliest Islamic era. It deals with an array of problems

confronting society based on Islamic principles, morals, and

practical laws. These precepts are manifested in the Quran and

tradition as these are the main sources in which legal rulings

derive from, and these rules are firmly abided by without

exercising ones own opinion. In this article, the stages of the

development of jurisprudence will be clarified, along with

revealing its prominent authors, major collections of narrations,

and the notions that drove scholars to enhance jurisprudential

progress.

What sets the school of the Ahlul Bayt apart from other schools of

thought is that it considers Islamic precepts manifested in the Holy

Quran as well as Sunnah to be the main sources for the origin of legal

rulings. This school sees the whole of the literature and narrations

issued by the Prophet Muhammad and the Imams of his household to

be what constitutes the Sunnah - a tradition which all must abide by and

against which none can exercise their opinion. This school also deemsit necessary that the whole process of jurisprudence is aimed at

1 This paper is the translation of an extract of the Introduction of the following:

Hashemi, Sayyid Mahmud and the Board of Experts of the Comparative Islamic

Jurisprudence Encyclopedia, Comparative Islamic Jurisprudence Encyclopedia

(Mawsah al-Fiqh al-Islm al-Muqrin), Qum: 1423 A.H. (2002), IslamicJurisprudence Encyclopedia Institute. pp. 20-31.


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understanding these precepts and narrations. There are two stages (or

eras) during the course of the history of this jurisprudence: 1) The stage

of the issuance of Islamic precepts (fiqhof narrations), and 2) The stage

of jurisprudence within the framework of Islamic precepts.

The stage of the issuance of Islamic precepts

This era extended from the date of the appointment of the Noble

Prophet throughout the imamate of the Imams until the beginning of the

fourth century AH, during the major occultation of the twelfth Imam

(aj). Within this timeframe a great amount of Islamic literature was

compiled, enabling the jurists to deduce the rulings of all

jurisprudential branches and issues based on the understanding of these

literatures and Islamic precepts.

Most of the focus and effort of the Imams - especially from Imm Bqir

onwards - was spent on training the jurists and narrators of tradition to

preserve religion and be its guardians.

The number of narrators of the Imams (beginning from Imam Al(as)

[d. 40 AH] until Imm asan al-Askar (as) [d. 260 AH]), that al-

Sheikh al-s enumerates in his rijl book reaches 5,436 narrators,

3217 were narrators of Imam al-diq (as), with the remainder

belonging to the rest of the Imams, including the narrators of Imm al-

Mahd(aj). The details are as follows:

1- Imm l 442 narrators.2- Imm al-asan (as) 41 narrators.3- Imm al-usayn 109 narrators.4- Imm al-Sajjd 173 narrators.5- Imm al-Baqr 466 narrators.6- Imm al-diq 3217 narrators.7- Imm al-Kdhim 272 narrators.8- Imm al-Ridh 317 narrators.


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9- Imm al-Jawd 113 narrators.10- Imm al-Hd 183 narrators.11- Imm al-Askar 103 narrators.12- Imm al-Mahd 52 narrators.

Regarding the books of narrations compiled by the companions of the

Imams, Seyyid Musin al-Amn [d. 1371 AH] says:

The early Sha scholars who were contemporaries of theImams from the time of the Commander of the Faithful

(as) until the time of AbMuammad al-asan al-Askar,

have compiled over six thousand six hundred volumes on

the narrations narrated from the Ahl al-Bayt, coming from

the holy prophet, the city of knowledge1

All of these books have been mentioned in rijlbooks. For example,

Sheikh Muammad b. al-asan b. al-urr al-mil[d. 1104 AH] has

recorded them in the end of his fourth note of Wasil al-Sha. He in

turn obtained this information from the biographies of the authors ofthese books, gathering what rijl scholars say about each one and

putting them together to yield this number.2

Some scholars have categorized these books into two groups: ul

(principles) and non-ul. The ulare the books in which the authors

have compiled the narrations they have directly heard from an Imam, or

have heard from a narrator who has narrated directly from the Imam. In

other words, the narrations found in ulbooks are ones that haven't

been narrated from another book. Rather, only narrations heard from an

Imam or from one who narrates directly from an imam have been relied

on in compiling these books. On the other hand, non-ul books are

1Al-Shia fMasrihim al-Trkh: 422.

2See: Wasil al-Sha30:165.


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ones to which or in which their authors have narrated their content even

if it is a written book they are narrating from.

The authors of collections of narrations narrated from these books (both

ul and non-ul ones) and compiled their own collections after the

Imams. These books themselves would later become the main base,

establishing the second stage of the school of the Ahl al-Bayt, the stage

of jurisprudential fiqh (al-Fiqh al-Ijtihd), which will be covered later.

The majority of these uland other books have been gathered in thefour major collections of narrations: al-Kf, Man l Yahuruh al-

Faqh, al-Tahdhb,and al-Istibr. These collections encompass a great

deal of narrations regarding legal rulings from the prophet or one of the

infallible Imams. And this is one of the advantages of the fiqh of the

Ahl al-Bayt. There are 16,199 narrations in al-Kfalone, 13,590 in al-

Tahdhb, 5,963 inMan lYahduruhal-Faqh, and 5,511 in al-Istibr.

After this came al-Sheikh al-urr al-milin the eleventh century [d.

1104]. He gathered narrations from the four major narration collections,

other books, and ulinto his encyclopedia of narrations titled Wasilal-Sha, containing a total of 35,852 narrations.

Al-Mirzal-Nri [d. 1320 AH] was able to collect more narrations on

legal rulings from other narration sources and added them to Wasil

al-Sha to further complete it. He named this work of his Mustadrak

Wasil al-Shah, which contained a total of around 23,000

narrations. This means that the total number of narrations in these two

encyclopedias of narrations on legal rulings is close to sixty thousand,

rendering them unmatched in any school of thought.

After the completion of the compilation of noble narrations and

literatures on Islamic law, the graduation of many great scholars and

jurists under the Imams, the high reception of the school of the Ahlul

Bayt (a) by the people, as well as the spread of the Sha faith in every

corner of Muslim countries, the later Imams began to make


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preparations for the independence of fiqhand scholars. They began to

pave the way for the gradual self-reliance of the Sha. This happened

through the Imams ordering the people to refer to the scholars and

narrators of their traditions. From then on, these individuals were

called deputies of the Imam (Nuwwb al-Imm). The religious

responsibility they would carry out was called general deputyship (al-

Niybah al-mmah) and the act of following their verdicts was

referred to as Taqld (emulation).

This era, the era of the issuance of Islamic precepts, where it was

possible to contact an Infallible (a) and attain knowledge and narrations

from him directly or indirectly through one of his special deputies,

ended in the year 329 AH, marking the beginning of the second fiqhi

stage, the jurisprudentialfiqhperiod.

It is important to note that the period of issuance (udr) possesses

advantages and legal characteristics different than those in the second

stage of jurisprudence, most notably:

1- Possession of the supreme imamate and great authority by the

Prophet and the Imams after him, as well as their presence in this

period, making it obligatory upon all to obey and refer to them in all

affairs and abide by what they say, as the noble verse of the Quran

says:

O you who have faith! Obey God and obey the Apostle

and those vested with authority among you. And if you

dispute concerning anything, refer it to God and the

Apostle, if you have faith in God and the Last Day.

That is better and more favourable in outcome. (4:59)

2- The possibility of reaching the actual legal rulings of issues in this

period by referring directly to them, asking about the realities, rulings,

and secrets of religion.


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3- The impermissibility of anyone exercising opinion against their word

and judgment by anyone, because that would be an example of ijtihd f

muqbil al-na(exercising jurisprudential opinion when there is legal

evidence on an issue), which is forbidden and false both rationally and

religiously.

4- The impermissibility of the jurists assuming any type of position, be

it of judgment, issuing verdicts, governance, collecting religious alms

or anything else, except by referring to the infallible first and beingappointed by him.

5- When practicing jurisprudence and deduction of rulings, it is

unacceptable for the scholars to initially refer to the general principles

and rules - in order to reach the ruling of an issue without asking the

infallible first - because of the possibility of there being restrictives

(muqayyid) and qualifiers (mukhai) or an overruling precept (kim).

This would make the ruling they deduce from these general principles

unbinding because such would be an instance of relying on generality

without first searching for restricting conditions (al-tamassuk bi al-umm qabl al-fa an al-mukhai) at a time when an Imam is

present. Searching (al-fa) takes place only by inquiring him.

6- Jurisprudence in this era was characterized by the study,

memorization, and transmission of tradition and narrations in addition

to issuing verdicts based on their clear and apparent contents.

Regarding complicated jurisprudential matters, the Imams were

referred to, except when it was not possible, as was the case when the

school of the Ahl al-Bayt gradually expanded and spread, entailing

more suppression and surveillance by the rulers of the time.

This is an important characteristic of the jurisprudential process during

the time of the infallibles. It makes it limited in its essence, the reason

being that in that time, its sources couldnt be completed and finished.

This is because there was always the possibility that the infallibles


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would issue another restrictive, explanatory, or overruling precept. This

would hinder the generality of the narrations the narrators had at hand,

and make it impermissible for them to restrict themselves to these

narrations which they had preserved or narrated in the process of

jurisprudence.

This matter has also been referred to by some of the remedial (alj)

narrations that have obliged halting (tawaqquf)or precaution (ityt)

when faced with two contradictory narrations and putting the matter onhold until referring to the Imam (as).

1

The stage of jurisprudence within the framework of Islamic

precepts

From the time it began to advance and develop until its completion and

maturity, jurisprudential fiqh has passed many stages in the hands of

the jurists of the school of the Ahl al-Bayt (as). The stages are titled as

follows: 1) The Establishment Stage 2) The Developmental Stage, 3)

The Period of Independence and Completion, 4) The Period ofExtremes, 5) The Period of Rectification and Moderation, and 6) The

Period of Completion and Maturity.

1. Establishment Stage (Early fourth century mid-fifth century

AH)

Some of the most significant jurists of this period are:

1) Mhammad b. Yaqb al-Kulein[d. 329 AH]2) The two adqs (Al b. al-usein b. Bbwayh al-Qummi [d. 381

AH])

3) Jafar b. Mammad b. Qlawayh [d. 368 AH]4) Mammad b. Amad al-Ktib (Ibn al-Junayd al-Iskf) [d. 381

AH]

1Tahdhb al-Akm6:303.


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5) Mammad b. Mammad b. al-Numn (al-Mufd) [d. 413 AH],6) al-Sharf al-Murtadh[d. 436]7) Abu al-alal-alab[d. 446 AH]8) amzah b. Abd al-Azz al-Daylam(Sallr) [d. 463 AH]What makes this period distinct is that the jurisprudential process

therein was a recently developed one, showing itself in the distribution

of the text of narrations in different fiqhi chapters. The process is

shown as trying to draw conclusions from narrations through their ownwording and text and reconciling contradictory narrations by

conventional conciliation (al-jam al-urf) or preference (tarj),

classifying as issued out of dissimulation (al-aml al al-taqiyyah),

etc. Other factors that contributed to such distinctness are as follows:

- The compilation of two of the most important new fiqhiencyclopedias i.e. al-KfandMan LYadhuruh al-Faqh;

- the presentation of verdicts (fatw) with the same wording asthat found in the narrations, distributed in their respective fiqhi

chapters and issues, as is the case with the book of al-Sharyeof

Ali b. usayn b. Bbiwayh, and the books of al-Hidyah and al-

Muqniahby his son, al-Sheikh al-adq.

During this period, fiqh developed according to the new issues that

would occur as well as new problems that would arise. And, based on

the issues and divisions, other schools of thought (and their fiqhi

literatures) had addressed, the branches of fiqh expanded. This in turn

led to the independence of the fiqhi method from narrated fiqh, both inits compilation and presentation.

The compilation of two books in the field of Principles of

Jurisprudence (Ul al-Fiqh), al-Tadhkirah bi-Ul al-Fiqh (by al-

Sheikh al-Mufd) and al-Dharah il Ul al-Shariah (by al-Seyyid


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al-Murtadh), marked the beginning of the formation of the science of

Principles of Jurisprudence (Ul al-Fiqh) and the isolation of its

rules (literary, rational, and legal) from fiqhi issues, making this yet

another development in this period.

Another discipline that was set into motion during this period was

comparativefiqhinvolving other schools of thought; the works of Kitb

al-Ilm(of al-Sheikh al-Mufd) and al-Intir wa al-Niriyyt (of al-

Seyyid al-Murtad) are examples of books written in this discipline.

This period ends with the shining of al-Sheikh al-s in both the

spheres of fiqh and ul al-fiqh, surpassing the rest in terms of his

jurisprudential competence and the rich scholarly heritage he produced.

This prompted the beginning of a new stage and era in jurisprudence.

2. Developmental Stage (mid-fifth century mid-seventh century

AH)

This period begins with the final years of the life of Sheikh al-s[d.460 AH] and continues until the emergence of al-Muaqqiq al-ill[d.

676 AH]. Some of the most prominent jurists of the period are: al-

Sheikh Muammad b. al-asan b. al-s, Muammad b. Al b. Ab

amzah al-Alaw[d. 570 AH], al-QdhAbd al-Azz b. al-Barrj al-

arblis [d. 481 AH], amzah b. Al b. Zuhrah al-usayn [d. 575

AH], Qub al-Dn al-Rwand [d. 573] and al-Sheikh Muammad b.

Idrs al-ill[d. 598 AH].

Some of the most important features of this period are the development

of jurisprudentialfiqhand it taking on the correct methodological formby al-Sheikh al-s. This was a result of him making jurisprudence

systematic in the framework of legal evidences (adillah sharyyah) and

expressing his methodology in his ul al-fiqhbook: Uddah al-Ul.

In this period, four sources of jurisprudence and fiqhi evidence were

introduced by ul al-fiqh books in this period: The Quran, tradition


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(sunnah), consensus (ijm) and intellect (aql). What was meant by

consensus was a type of consensus that contained the actual opinion of

an infallible within or the infallibles opinion could be concluded from

it. This would make such a consensus revealing of tradition, while what

was meant by intellect was its axiomatic and definite judgments, not

conjecture (dhann), analogy (qiys) or discretion (istisn).

This is how the jurisprudential process was refined by certain common,

yet unorthodox, methods used by other schools of thought, and also ofreliance on certain intellectual and theological discussions of the time.

These discussions were substituted with reliance on the original

jurisprudential method, meaning the deduction of legal rulings from the

true legal sources which are the Quran and traditions issued by the

Prophet and the infallible Imams.

One of the distinctive characteristics of this period is the compilation of

two great narration collections by al-Sheikh al-s: al-Tahdhb, which

is an argumentative commentary of the narrations found in the book al-

Muqniah(of Sheikh Mufd), and al-Istibr, which is a book aimed atreconciling conflicting and contradictory narrations on legal issues.

This led to Sheikh al-sbecoming the one to put together all of the

necessary tools needed for endeavors in jurisprudential fiqh both in

theory and application.

This new methodology was applied in a vast and developed form in

fiqhand all of its branches, something that clearly showed itself in the

book of al-Mab. This enabled Sheikh al-s to establish the

strength of Imamate fiqh and its sources on their ability to address

different legal issues and branches no matter how diverse and varied

they would become.

At the same time, another feature that characterized this period is the

development and completion of comparative fiqh, represented in the

book al-Khilf by Sheikh al-s. A look at this book and comparing it


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with the book al-Intir by al-Seyyid al-Murtadhwill show the great

amount of development that has been achieved in this regard.

Another feature of this period, is the attention given to Quranic studies,

especially the science of Fiqh of the Quran1, embodied in the

commentary (tafsr) of al-Tibyn by al-Sheikh al-s and Fiqh al-

Qurnby Rwand, a major development when compared to previous

Quranic-fiqhiworks.

This period ends in the mid-seventh century with the shining of yet

another great figure in jurisprudence and other sciences, al-Muaqqiq

al-ill.

3. The Period of Independence and Completion (mid-seventh

century end of tenth century)

This period begins with the emergence of al-Muaqqiq al-illNajm

al-Dn Jafar b. al-asan [d. 676 AH] and extends till the Second

Martyr Zayn al-Dn b. Alb. Amad al-Amel[d. 966 AH]. Some ofthe other prominent jurists of this period are al-Allmah al-ill al-

asan b. Ysf b. al-Muahhar [d. 726 AH], his son Fakhr al-

Muaqqiqn Muammad b. al-asan [d. 771 AH], the First Martyr

Muammad b. Makk al-Amel [d. 786 AH], al-Fdhil al-Miqdd

Jaml al-Dn al-Suyr [d. 826 AH], al-Muaqqiq b. Fahd al-ill [d.

841 AH], al-Muaqqiq al-Karak Al b. al-usayn al-Ameli [d. 940

AH] and others (may God be pleased with them).

What makes this period stand out is the independence of Imamate

jurisprudence from corresponding with that of other schools of thought,both in subject matter and methodology. Except in works on

comparative fiqh, only Shia heritage was relied on.

1The science that examines the verses on legal rulings in the Quran [trans.].


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In this stage, books such as Marij al-Ul by al-Muaqqiq al-ill

and Nihyah al-Wul il Ilm al-Ul by al-Allmah al-ill were

written on the science of ul al-fiqh. They were distinguished by their

originality, depth, and reliance on rules and principles derived from the

narrations of the Ahl al-Bayt.

Also during this period,fiqhithought came up with new theories in the

science of diryah,resulting in a fourfold categorization of narrations

(al-a, al-asan, al-muwathaq and al-af), in addition to thecompilation of new rijl collections that were more precise than their

predecessors, such works as the rijl books of Allmah [726 AH] and

Ibn Dwd [d. 747 AH].

Another feature of this period is the classification of legal issues based

on a logical division and confinement into the four groups of worship

(Ibdt), bilateral contracts (mumalt), unilateral contracts (qt),

and judgments (akm).

The compilation of fiqhiprinciples (al-qawid al-fiqhiyyah) and itsisolation from legal issues and branches were another thing that took

place in this period; the First Martyr (Shahd I) authored the book al-

Qawid wa al-Fawid, and after him, al-Fil al-Miqdd al-Suyr

wrote Nad al-Qawid al-Fiqhyah and the Second Martyr (Shahd

al-Thani) penned Fawid al-Qawid.

One other feature that sets this period apart is the expansion and

precision employed in the application of uli and fiqhi principles

(qawid uliyyah wa fiqhiyyah) to legal issues, most notably in the

fiqh of binary contracts. This can be observed by comparing the

jurisprudential argumentative works of al-Allmah, his son, the two

Martyrs, al-Muaqqiq al-Karakand other great figures of this period

with those of al-Mufd, al-Murta, and al-Sheikh al-s.


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In this stage, the method of comparative jurisprudential studies was

continued in a broader and more accurate fashion, with Allmah

compiling the book Mukhtalaf al-Shah f Akm al-Sharah on the

comparison of Shah juristsand the books of Takirah al-Fuqah and

Muntah al-Malab with the theme of comparing different

jurisprudential schools of thought.

During this period, the Imamate jurists took on the formulation and

legislation of the fiqhi laws of government and Islamic rule accordingto the school of the Ahl al-Bayt (as). They also took on the role of

general deputyship of Imam Mahd during his occultation either

through attending to the different responsibilities of being Islamic legal

authorities (marjaiyyah) or through their supervision of the

government and its divisions, as was the case for al-Muaqqiq al-

Karakduring the time of the Safavid dynasty.

4. The Period of Extremes (end of tenth century end of twelfth

century)

This stage begins with the era of al-Muaqqiq al-Ardibl(rah) [d. 993

AH] and continues until the end of the rise of Akhbrism, closing

towards the end of the twelfth century.

The reason this period has been titled The Period of Extremes, is

because it is therein that two opposing jurisprudential currents

emerged, each rejecting the other. On the one hand, there was the

rationalist idea that was severely against only referring to narrations [in

jurisprudential argumentation], while on the other hand, there was the

akhbr notion that was totally against utilization of reason and the

surface meanings of verses pertaining to legal rulings. Al-Muaqqiq

al-Ardebland some of his students, such as al-Seyyid Muammad b.

Alal-meli, author ofMadrik al-Akm [d. 1009 AH] and al-Sheikh

asan b. Zayn al-Dn, author of Malim al-Dn [d. 1011], were the


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pioneers of the jurisprudential current, the most notable features of

which are as follows:

a) Consideration of the science of Ul al-Fiqhand the employment of

rational and philosophical reasoning for proving some of its issues.

b) Narrowing the scope of the authority (ujyah) of single source

narrations (khabar al-wid).

c) Doubt in the true value of many of the consensuses of the early

jurists views that were famous or widely accepted without question,

and the rational and methodological critique of these views.

d) Utilization of rational and philosophical principles in jurisprudential

arguments.

e) More dependence on absolute (mulaq) and unconditional (umm)

precepts asserted in legal Quranic verses and definite tradition [i.e.,

tradition that has definitely been issued by the infallibles], and the

derivation of legal verdicts (fatw) based on them and the refutation of

any narrations that might restrict or qualify them as a result of strictness

implemented in the rijlauthentication of their chains of narrators.

As for the latter jurisprudential current (the akhbrnotion) opposite to

the first, it was represented by a group of scholars, some of which were:

al-Amn al-Astarbd[d. 1033 AH], who is considered the peak of this

pole of extremism, al-Muaddith al-Fayal-Kshn[d. 1091 AH], al-

Muaddith al-urr al-mil[d. 1104 AH] and al-Allmah al-Majlis

[d. 1111 AH].

The most important features of the akhbrcurrent are as follows:

a) The unreliability of rational and philosophical reasoning in

jurisprudence and derivation of legal rulings, as in the case of


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exercising personal opinion (al-ijtihd bi al-ray). Their employment

was considered erroneous in thefiqh of the Ahl al-Bayt.

b) More utilization of narrations recorded in narration collections and

deeming all of them as definite (qayyah) and authentic. This freed the

scholar of unneeded rijli and ul al-fiqh discussions pertaining to the

authority of narrations (ujiyat al-akhbr).

As a result of this importance given to narrations, some of these jurists

embarked on the collection of narrations recorded by early scholars,

compiling them into dense narration collections: al-Wf (by Fay

Kshn), Wasil al-Sha ila Tasl Masil al-Sharah (al-urr al-

mil) andBihr al-Anwr li Durar Akhbr al-Aimmah al-Athr(al-

Allamah al-Majlis).

c) Denial of the authority of consensus (ijm) and counting it as one of

the sources of legislation in thefiqh of other schools of thought.

d) The invalidation of ijtihd and taqlid (emulation/following the legal

verdicts of a jurist) and making it obligatory to directly refer to the

narrations of the infallibles [to learn of ones religious duties]. This was

a stance belonging to the most radical of them, from which some of

their scholars turned away, such as al-Muaddith al-Barn, author of

al-adiq al-Nirah [d. 1186 AH] and al-Sheikh usayn l Usfr

[d. 1216 AH].

This stage of extremism, in both of its poles, only constituted a very

short period of the lifetime of the Imamate fiqhi school of thought; an

exceptional state that befell this school and whose dark clouds andignorance soon scattered and ceased. Both of these extremes vanished

and disappeared; the Imamate jurisprudential fiqh returned to its

genuine approach and original methods.


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5. The Period of Rectification and Moderation (end of twelfth

century first half of thirteenth century)

This period begins with the efforts of a group of jurists to confront the

akhbrimovement, most notably: al-Seyyid usayn b. Jaml al-Dn al-

Khnsral-Kabr [d. 1098 AH], al-Sheikh Muammad b. al-asan al-

Shrwn [d. 1098 AH], his son Jaml al-Dn [d. 1125 AH], and his

sons student adr al-Dn al-Raaw al-Qumm [d. 1160 AH]. These

individuals set the stage for the establishment of the comprehensiveul al-fiqh school by the great jurist, al-Seyyid Muammad Bqir al-

Wad al-Behbahn[d. 1205 AH]. This school was able to put an end

to the akhbri jurisprudentialcurrent and put Imamate jurisprudential

fiqh back on its sound ul al-fiqh course.

Thus, on the one hand, al-Wad al-Behbahnwas able to defend the

views of the majority of the early Imamate jurists against the severe

criticism that al-Muaqqiq al-Ardebl posed regarding some of their

judicial verdicts. He also showed how a portion of al-Ardebilis critique

was incorrect and unacceptable from a scholarly point of view.

He was also able to resolve the problem of authentication of narrators

(rw) and chains of transmitters (sanad) in his rijl book of Manhaj

al-Maql.

At the same time, he firmly resolved to confront the akhbrimovement

and all the arguments supporting it using Imamate ul al-fiqh.

One thing that he succeeded in clarifying was the difference between

ul al-fiqh according to the Shia perspective and ul al-fiqhaccording to the perspective of other schools of thought. He was also

able to show the need for such a science and that without it,

jurisprudence would be infeasible.


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As a result of the open and continuous scholarly debates of al-Wad

al-Behbahn and al-Muaddith al-Baran (an akhbri), the presence

of these two great figures in Karbal and the Islamic seminary therein

factored greatly into this awakening and its momentum. Their piety

also played a major role in the disclosure of knowledge and realities to

their students. Eventually, this led to al-Muaddith al-Barans

inclination towards moderation and the acceptance of jurisprudential

fiqhand consensus (ijm) when it is revealing of tradition (which is

what Imamatefiqhmeans by the term consensus) and caused him towithdraw from some of the stances the first generation of akhbrs had

gone to extremes in.

A series of great jurists and scholars graduated from the school of al-

Wad al-Behbahn such as al-Seyyid Muammad Mahd Bar al-

Ulm [d. 1212 AH], al-Sheikh Jafar Kshif al-Ghi [d. 1228 AH],

al-Seyyid Muammad al-Mujhid [d. 1242 AH], al-Muaqqiq

Muammad Mahd al-Narq [d. 1209 AH] and his son Amad [d.

1244 AH]. In turn, more great jurists graduated from under these

students, such as al-Sheikh asan b. Abd al-Ram al-ehrnauthor

of al-Ful al-Gharawiyah [d. 1250 AH], al-Sheikh Muammad Taq

al-Isfahnauthor ofHidayat al-Mustarshidn fi SharMalim al-Dn

[d. 1248 AH] and al-Sheikh asan al-Najaf author of Jawahir al-

Kalm fi SharSharyeal-Islm[d. 1266 AH].

6. The Period of Completion and Maturity (mid-thirteenth

century present)

In reality, this period is seen as a continuation and extension of the

previous period, the base of which was further consolidated by al-

Wad al-Behbahns school and his prominent students.

This stage went on to reach the pinnacle of maturity, depth and

comprehensiveness through two generations of jurists of this school,

especially one of the most outstanding of them, al-Sheikh Murtaal-


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Anr(rah) [d. 1281 AH]. The progress made at this stage was to the

extent that this period can be considered a new era in the history offiqh

and ul al-fiqh. This matter becomes especially manifest when one

compares the books of al-Maksib fi Fiqh al-Mumalt and Farid

al-Ul by al-Sheikh al-Anrwith other works of the same themes by

previous jurists from the same school; there is a great difference

between them in content, methodology, and argumentation technique.

Many great jurists have graduated under al-Sheikh al-Anr, mostnotably: al-Muaqqiq al-Shraz al-Kabr [d. 1312 AH], al-Sheikh

abibullah al-Rasht [d. 1312 AH], al-Sheikh Mull Al al-Kan [d.

1306 AH] and al-Sheikh Muammad asan al-shtiyan[d. 1319 AH].

In turn, generations of jurists and jurisprudents graduated under these

jurists, such as: al-Muaqqiq al-Khursnauthor of Kifyat al-Ul[d.

1319 AH], al-Muaqqiq al-Hamedn [d. 1322 AH], al-Seyyid al-

Fishrak [d. 1314 AH] and al-Mrz Muammad Taq al-Shrz [d.

1338 AH], all of which were also followed by a series of eminent

jurists extending to the present.

Conclusion

The school of Ahlul Bayt considers the Quran and Sunnah as the main

sources for the origin of legal rulings. Everyone is expected to abide by

the traditions of the holy Prophet Muhammad and the Imams of his

household. The purpose of the process of jurisprudence is to understand

these principles and narrations. In the first stage of the issuance of

Islamic principles, jurists deduced the rulings of all jurisprudential

issues based on the understanding of the literature. This era extended

from the time of the appointment of the Prophet until the beginning of

the fourth century AH in which the later Imams prepared for the

independence of fiqh, where people were ordered to refer to the

deputies of the Imam, and follow their verdicts (taqlid). In this period,

jurisprudence was characterized by the study, memorization, and


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transmission of hadiths as well as issuing verdicts; the Prophet and

Imams were present, making it obligatory upon all to obey and refer to

them, as well as enabling people to reach actual legal rulings of issues;

exercising opinion against their word was impermissible; jurists

claiming any type of position was impermissible; and scholars initially

referring to general principles and rules was unacceptable.

Since the task did not reach its completion, the new era of establishing

jurisprudence within the framework of Islamic principles emerged, andthis stage is divided into six sub-stages. Within these stages, the

majority of these principles were gathered in four major collections of

narrations: al-Kf, Man l Yahuruh al-Faqh, al-Tahdhb, and al-

Istibr.

48 shia jurisprudence

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